Father will for his two wifes

Dear sir
My friend father was married a lady seven years back bcz his first wife was expired he is a central govt employ five months back he passed away he written a wil last year all property will belongs to his second wife son
but first wife have two daughters elder one got married and second daughter is single all this property is in the name of first wife
but now this second wife is not allowing to sale that property for this younger daughter marriage so please suggest me how to go legally for this
venkatesh manyam

Asked 5 months ago in Property Law from Punganur, Andhra Pradesh

Religion: Hindu

The property in the name of first wife shall devolve on her own legal heirs and the children of second wife shall not be entitled to any share or rights in that property.
The second wife has no right to to not to allow the daughter of first wife to acquire her deceased mother's property who died intestate.
The daughter of first wife can file a suit for ejecting her step mother and possession of the properties left behind by her deceased mother and also on behalf of her sister or jointly.
Consult a local lawyer and proceed as per further advise by the lawyer.

thank you sir
But her father wrote a wil all on his son but he is a small kid (4 years) as of now will he have right on tht property if he becomes major

Asked 5 months ago

Hi
First if the property is in the name of the first wife, then after her demise, the property will go to her two daughters and husband in equal shares. so the husband will have only 1/3rd share.
You need to challenge the will on the grounds of
a)1/3rd share of the husband to revert to the Children of first wife only as the children are legal heirs.
b) The will of the husband was obtained by undue influence, coercion and fraud as in all likelihood the Second wife has manipulated the husband to get all of the property .
It is highly unlikely that the son of the second wife will get any share of the property from the will as the property belonged to the first wife and after her demise 1/3rd of share of the property which the husband got should revert to the children from the first wife only.
Hope this helps

1) if property is in name of first wife then father cannot make will of said property in name of second wife son
2) on first wife demise her property would devolve on first wife husband and 2 daughters .
3) on father death his share would devolve on all legal heirs namely 2 daughters, second wife and son
4) apply for letters of administration from court

in respect of father share son from second wife has share in the property .
you need consent from court to sell his share in property
file suit for partition for division of property by metes and bounds

The Will now written on the name o minor can be changed by the testator anytime during his lifetime.
If the father is writing a Will in favor of his minor son, he has to name a guardian to the minor son who shall receive the property during the minority of the beneficiary provided the will comes into force at that time.
The son shall be entitled to the bequest as per law, when he becomes major and till that time the property shall be taken care and maintained by the named guardian or administrator or executor of the Will.
Please remember that just by writing a Will that the property shall not be transferred automatically, the will has to come into force which shall happen only after the lifetime of the testator.

If the property is registered in favour of his first wife then on her demise without a will it devolved through succession on her widower and children equally. As a corollary thereto, this man could have made a bequest only to the extent of his share in the property, and not beyond it. The children born out of first wedlock can challenge the will in the court which can declare it as illegal.

Disclaimer: The lawyer listings on Kaanoon.com do not constitute a referral or endorsement by Kaanoon.com. Kaanoon.com is not an advertising service for lawyers. Kaanoon.com is providing legal information for nominal charges. Your access to and use of this site is subject to our Terms of Use.